The Hawaiian gazette., 1887-05-31

toptC4dl CASE SbdIeu uQQer IOeCuOQ
1149 of the Civil Code.
Bgore Judd, c. j., KcCuHy, Preston.
BiabertoH, j. J. Fernandez. j.. absent.
The following are the statements
IN the special case:
l. The said Parke and Austin were
upon the 18th day Of April 1887, duly
appointed assignees of the estate of
\ Amin a bankrupt.
,. The said Selig was upon the
10th day of February 1886, duly APP
pointed administrator Of the estate of
L. Ahuna who died January 9TH, 1886.
3. The said Selig was upon the 29th
day of March 1886, duly appointed
receiver of the estate of Ahuna and
Amin. co-partners, doing business on
the Island of Oahu, as rice planters.
T. The said Parke and Austin as
said assignees claim from said Selig
as such receiver, the sum of S2,9O5.65
as the amount due to the said Amin
upon the settlement Of the accounts
of the said receiver.
D. The said Seig submits the fol
lowing statements: That Ahuna died
on the It'll day of January 1886: That
said Selig was appointed administra-
tor of the estate of Ahuna, February
10th, 1886, and found among the
assets of the estate, a note in the
words and figures following to wit:
Dolls. 1,213.35.
Honolulu, July 18th, 1885.
Six months after date, l promise to
pay to the order of L. Ahuna, twelve
hundred and thirteen 35-1OO dollars
at Honolulu IL silver coin. \. ANN.
Due January 10, Sc.
That enquiry shows that said note
was given by Amin to his partner
Ahuna for a balance due on settlement
between them at It's date, and was Tor
moneys advanced by Ahuna to said
partnership over and above his share.
That upon coming into possession
of said note. the administrator
brought suit thereon in the Supreme
Court, April Term, 1856.
That upon being appointed receiver
of the partnership the case was drop
ped upon agreement with Amin that
payment for said note should be taken
out of any moneys found to be due to
Amin upon settlement by the receiver
Of the partnership accounts.
That the settlement of the receiver
ship has been delayed, awaiting the
result Of certain law suits against the
receiver, viz:
Ahuna vs.. Selig, receiver.
NpoUU Sai X ODtr xs caDoa
That His Honor the Chief Justice
instructed the said Selig to postpone
the settlement Of the estate Of Ahuna.
and the said receiyership until the
decision of said law suits.
That in consequence Of the agree
ment above mentioned TO take the
amount Of said note from any moneys
coming to Amin from said partner
ship, the receiver did not consider 1t
necessary to take any further steps in
relation ID said note, as he held funds
as such receiver more than sufficient
to pay the said note.
6. The said Parke and Austin sub
NIT as follows to wit: That as such
p. assignees they are entitled to receive
from said receiver the whole of said
sum S2,905.l5 which IS the balance
due to the said Amin upon settlement
of the accounts Of said receiver.
That the note in question was due
and payable on the 18th day Of Janu-
airy 1856, at which time the said Amin
was solvent. and that if the said note
was not paid before the appointment
of said administrator, he should have
collected same from the said Amin.
and was not justified in dropping the
suit which he had commenced for
that purpose.
That not being diiigent in the col
lection Of said note, the said receiver
Is estopped from deducGng the
amount thereof from the sum shown
by his accounts to be due to Amin.
That there was no legal transfer Of
the title Of said note from the estate
of Ahuna TO the receiver OF Ahuna
and Amin.
That if said note has not been paid,
it IS the property of Ahuna, deceased,
and should be proved as a claim
against the estate of Amin bankrupt
AA4clt AnC OCA4uOl4O1 VI lL4C UL4Oul1L
of such note from the amount due to
Amin would if allowed be unjust and
prejudicial to the interest of the credi
tors Of Amin.
The opinion of the Honolulu Court.
and a decree in conformity Herewith
is requested as to whether the said
receiver may deduct the amount of
the said promisory note from the said
sum Of S2,905.65 or whether he shall
pay over to the said assignees the
whole Of the said amount.
Respectfully submitted this 23d
day of April 1887.
iona Austin for assignees of the
estate of Y. Amin; 5. Selig, receiver
of the estate Of Amin and Ahuna and
administrator of the estate of L.
Ahuna.
By tie Court:
We are of opinion that the Admin